Tipped Employee Protection Act
| Date | Chamber | What was voted on | Result | Yes–No | |
|---|---|---|---|---|---|
| Jan 13, 2026 | House · vote #21 | On Motion to Recommit | Failed | 209–215 | See who voted → |
1 agreed to
| Amendment | Sponsor | Status |
|---|---|---|
| HAMDT 148 | — | Agreed to |
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Tipped Employee Protection Act
This bill modifies the definition of a tipped employee under the Fair Labor Standards Act of 1938 (FLSA) to exclude consideration of an employee's duties when determining if the employee is a tipped employee.
Under current law, tipped employees may be paid less than the federal minimum wage (currently $7.25 an hour), but the total of their cash wage and tips must be at least equal to the federal minimum wage. Under the FLSA, a tipped employee is currently a worker who customarily and regularly receives more than $30 a month in tips.
The bill broadens the definition of tipped employee to include any worker who receives tips and other cash wages for a work period at a rate that is at least the federal minimum wage, without regard to the duties of the employee. Under the bill, the work period is a work period that is determined by the employer.
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
- Introduced in House Formatted Text PDF Formatted XML
- Reported in House Formatted Text PDF Formatted XML
Cite this page
U.S. Congress. (2026). H.R. 2312: Tipped Employee Protection Act. 119th Congress. Open America. https://openamerica.io/bill/119-HR-2312/
"H.R. 2312: Tipped Employee Protection Act." 119th Congress, 2026, Open America, https://openamerica.io/bill/119-HR-2312/.
H.R. 2312, 119th Cong. (2026), https://openamerica.io/bill/119-HR-2312/.
[H.R. 2312: Tipped Employee Protection Act](https://openamerica.io/bill/119-HR-2312/)